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At the 40th Session of the Standing Committee on Copyright and Related Rights, the Secretariat released a Report (SCCR/40/2) summarizing the year of work on the Action Plans on Limitations and Exceptions. That Report is subject to comment by Member States. This Note provides analysis of the Report that may be useful to Delegates and stakeholders participating in the meetings of the SCCR.

The Report helpfully summarizes a large amount of agreement about the main problems and solutions that need to be addressed by the international system.^[1] These problems include a lack of exceptions in a majority of countries for:

• Preservation for cultural heritage;
• Communications in online learning and research;
• Cross border uses for education, research, and the activities of libraries, archives and museums.

The Way Forward and Take-Away Considerations (pages 63-72) do not adequately reflect these priorities. The section on “WIPO’s role” is particularly deficient as it fails to mention any of the extensive discussion on the useful role WIPO could play in facilitating the promulgation of “instruments (whether model law, joint recommendation, treaty and/or other forms),” as mandated by the General Assembly. UN Doc. WO/GA/41/14 (Aug. 13, 2012). In particular, it fails to identify the proposals of members, experts and stakeholders for WIPO work toward model laws, tool kits, and treaty provisions that promote minimum levels of exceptions for these purposes.

Click here for the full analysis.